Rainey v. Colvin
Filing
16
ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT for 14 Report and Recommendation. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF WASHINGTON
8
9 CHRISTOPHER JOSEPH RAINEY,
10
Plaintiff,
11
v.
No. 2:16-cv-00088-SAB (MKD)
ORDER ADOPTING REPORT
12 COMMISSIONER OF SOCIAL
AND RECOMMENDATION TO
13 SECURITY,
DENY PLAINTIFF’S MOTION
14
15
Defendant.
FOR SUMMARY JUDGMENT
Before the Court is Magistrate Judge Mary K. Dimke’s Report and
16 Recommendation to Deny Plaintiff’s Motion for Summary Judgment and to Grant
17 Defendant’s Motion for Summary Judgment, ECF No. 14. Judge Dimke applied
18 the correct standard in this review of the Commissioner of Social Security’s
19 administrative decision, and after a thorough analysis, recommends the Court
20 grant Defendant’s motion for summary judgment.
21
A district court has jurisdiction to review a magistrate judge’s report and
22 recommendation on dispositive matters. Fed. R. Civ. P. 72(b). Under 28 U.S.C.
23 § 636(b)(1) parties may file objections to the magistrate’s findings and
24 conclusions. The “statute makes it clear that the district judge must review the
25 magistrate judge’s findings and recommendations de novo if objection is made,
26 but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
27 2003). No objections were filed here, and the Court agrees entirely with Judge
28 Dimke’s recommendation, and adopts it in its entirety.
ORDER ADOPTING REPORT AND RECOMMENDATION . . . ^ 1
1
Accordingly, IT IS HEREBY ORDERED:
2
1. The Court ADOPTS Magistrate Judge Dimke’s Report and
3 Recommendation to Dismiss Complaint Without Prejudice, ECF No. 14, in its
4 entirety.
5
2. Plaintiff’s Motion for Summary Judgment, ECF No. 10, is DENIED.
6
3. Defendant’s Motion for Summary Judgment, ECF No. 11, is GRANTED.
7
4. A judgment in favor of Defendant shall be ENTERED.
8
IT IS SO ORDERED. The District Court Executive is hereby directed to
9 ENTER this Order, FORWARD a copy to counsel, and CLOSE the file.
10
DATED this 23rd day of June, 2017.
11
12
13
14
15
16
17
Stanley A. Bastian
United States District Judge
18
19
20
21
22
23
24
25
26
27
28
ORDER ADOPTING REPORT AND RECOMMENDATION . . . ^ 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?